What if someone is using my trademark?

Once you have legally obtained your trademark, you are the exclusive owner of that mark. Therefore, you will have several options to protect your trademark if you find someone else using it.

Trademark infringement is the violation of the aforementioned exclusivity. Whether unintentional or intentional, it is still classified as “infringement” when another party uses a trademark confusingly similar or identical to the one you own particularly in relation to products and services identical to the products and services your trademark registration covers.

Subsequently, you can start legal proceedings against whoever is infringing on your trademark registration.

However, in Australia and many other countries, if the contested trademark is not registered, it cannot be “infringed.” As a result, you are not legally protected. Therefore, your best chance to both protect a mark and increase your chances of winning any disputes of trademark infringement is to register your trademark soon. Trademark registration in Australia is a “first to file” basis. Will you be the first to file the distinguishing mark that makes your business stand out?